Alexander v. State

OPINION OF THE COURT

CARLISLE, J.

The issue in this case is whether the prosecution comments on a defendant’s silence if it cross-examines him on why he did not include certain facts in a statement to the police.

*26The issue arises from an altercation following a near-traffic accident. Darlene Tyson claimed that Donald Alexander grabbed her by the neck and shouted obscenities at her. A Deputy St. Cyr examined her and found red marks on her neck. A few days later they asked Alexander to come to the police station. He arrived with an attorney and was advised of his Miranda rights. He told them that…